February 2009 Bar Exam Stats of Foreign Attorneys

Graduates of ABA-approved law schools taking the examination for the first time passed at the rate of 73.3%, while foreign-educated first-time candidates had a passing rate of 37.1%. The Board examined 3,560 candidates in February, a record 44.1% of whom were foreign educated.
The passing rate for all candidates, including U.S. domestic-educated and foreign educated candidates, both first-time and repeat takers, was 41.7%.

For California Stats for February 2009 Exams, click here.

***ANLUS heartily welcomes new members***

ANLUS heartily welcomes the following law practitioners and law students who have expressed their interest in becoming member:

Mr. Shamvu Kumar Karki, Boulder, CO (720)341-8019 (shamvuji@gmail.com). Mr. Karki completed LL.M in Human Rights and Gender Justice from Kathmandu School of Law (2007) with dissertation on Application of International Humanitarian Law in Nepalese Armed Conflict (Special Reference with Arbitrary Arrest and Detention, Disappearance and Killings). He has a Bachelor of Law (B.L.) from Prithvi Narayan Campus, Pokhara, Tribhuvan University (2002) and an Intermediate of Law (1998).  He has also attended seminars such as International Human Rights and Humanitarian Law,; Socio-economic Rights and Good Governance; 3rd South Asian Solidarity for Rivers Peoples Forum, and Fair trial & development skills of using international human rights law in domestic situation.He worked for Advocacy Forum, Water and Energy Users’ Federation Nepal (WAFED) and Education Sector Advisory Team (ESAT). He is interested in working in the field based work and give direct benefit those people who are living in grassroots level, Human rights, Child rights field and advocacy and challenging opportunity to combine with multidisciplinary skills of right based works, human rights.

Pralad Bhattarai (bpralad@yahoo.com) is an Attorney from Nepal. He is currently in NYC working as a Research Intern in Asian American Legal Defense and Education Fund (AALDEF) Manhattan, NYC. He completed Bachelor in Laws (Five-Year LLB) in International Human Rights Law, Public International Law and International Humanitarian Law from Kathmandu School of Law (KSL), Nepal in 2008. He has participated in various conferences including the Consultative Conference on International Criminal Justice, Harvard University; 2007 Phillip C Jessup International Law Moot Court Competition, arguing before the International Court of Justice in The Case Concerning the Rotian Union; Second South Asian Henry Dunant Memorial Moot Court Competition; adjudged the “Best Memorial” and awarded with the Gold Medal; presented the paper titled “Protection of the Rights of Victims in International Criminal Justice System: Redress Mechanisms” in The Edict Conference, on the “Criminal Justice Delivery System in the Age of Globalization”; participated in the Asian Youth Conference titled “Challenges and Opportunities for Youth of Asia” organized by Young Liberals and Democrats of Asia; participated in the “Youth Seminar: Towards a Free and Responsible Society” organized by Youth Initiative Nepal, and participated in the “Fourth Human Rights Summer School Course on Human Rights and Globalization”. He is currently a Research Intern at the Asian American Legal Defense and Education Fund (AALDEF), Manhattan NY City, USA and is currently engaged in language rights of immigrant students in California and Bilingual School Teachers Case in Massachusetts projects.  He has also worked for the Judges’ Society Nepal; edited a Journal named “Nyaya Chautari”; been a liaison person between my office and The International Legal Foundation; researcher and a Rapporteur in the development of “Women and Children (Victim/Witness) Protection Guidelines” a joint venture of Judges’ Society, Nepal and National Judicial Academy Nepal; worked as a researcher during internship placement in International Committee of the Red Cross (ICRC) Nepal to name a few. He has written a LLB dissertation on “Addressing impunity in Nepal, requiring ratification of the Rome Statute of International Criminal Court: Problems and Prospects” and published number of articles in Law School Journal namely on Human Rights, Constitutionalism, and Transitional Justice etc.

Advocate Kabita Pokhrel (730) 314-8738 (kabpokhrel@gmail.com)is currently pursuing MBA studies in International Business Management in the US. She has practiced law at Law and Society Counseling and Research Center in Kathmandu, Nepal. She has moderated 3 days workshop on Child Rights in different district, organized by Central Child Welfare Board; conducting ‘Market Analysis for the Expansion of Rugmark Program’, Nepal Rugmark Foundation; worked as a Legal Research Officer with UNICEF’s Global Study on Child Poverty and Disparities, as a consultant for project review of NaLAN’s Prisoners’ Legal Aid and Paralegal Service project ; conducted Series of Human Right Training in different Districts, Nepal Bar Association; facilitated 4 days workshop on Principle of Federalism, organized by ICJ Nepal; oriented medical professionals of Star Hospital Pvt Ltd on” Legal and ethical issues in hospital management”; conducted School awareness program on child right, trafficking child abuse in different District organized by World Mobilization; Legal Research Officer Freedom Forum; prepared   Child right, Human Trafficking, CEDAW based documentation for different organizations; translated and done Rapporting on Public Security Reform in Nepal organized by Nepal Bar Association in collaboration with Enabling State Program Nepal. She also worked as a Program Officer (Legal) for The Daywalka Foundation (TDF), an INGO working for the prevention of human Trafficking especially of Women and Children. She has also conducted various workshops and Trainings ion the field of law. In addition she has also assisted in compilation and editing of the book named “Collection of Supreme Courts Verdict on Human Trafficking” published by TDF, Nepal, as well as on research project ‘A Study on Male Trafficker Prisoners’ conducted by TDF, Nepal. She worked as a Part time Lecturer with Lord Buddha Education Foundation teaching Business Law, Entrepreneurship Development, and Human Resource Management for B.Com.,BBA and MBA. Likewise she worked as a Volunteer Legal Officer with Legal Aid and Consultancy Center (LACC) and as a Lecturer with Marryland Higher Secondary School. She has a Masters in Law from Nepal Law Campus (2008), Masters in Business Studies from Central Management Department (2006), Bachelor in Law from Nepal Law Campus (2004) and a Bachelor in Business Studies from National Campus for Business Studies (2001)

Advocate Ganesh Shrestha, Pennsylvania (571) 236-3910 completed his Intermediate and Bachelor in Law from Nepal Law Campus, Tribhuwan University and a LLM from Purwaanchal University, Kathmandu School of Law (Criminal law and Justice). He has been in the legal profession since 1999. His expertise is in Criminal law and Forensic Science.

Advocate Basundhara Thapa Magar (UK) has been in legal practice in Nepal for almost 12 years. She has a LLM degree in Criminal Law from Kathmandu School of Law (2008) and is currently in the United Kingdom.

Advocate Bidur Dhungana is also currently in the US since July 2009.

Advocate Biswo Jit Khadka, Washington DC, completed Bachelor of Laws (LL.B) from Purbanchal University, Kathmandu School of Law (2009). He has conducted a one month research on ‘role of electronic media (on Televisions) in strengthening democracy and peace process in Nepal”; research on ‘Socio-economic, political situation and rights of marginalized communities’ in Far Eastern part (Ilam, Jhapa, Udaypur districts); ‘Advocacy and awareness program for active participation in Constituent assembly election’ for marginalized community in western Nepal (Banke and Bardia); observer in Constituent Assembly election for Bhaktapur district through election commission Nepal; conducted research on ‘crime trends and ratio in Kathmandu valley, after 2005/2006 people’s movement in Nepal’; supervised LL.B. students for research on ‘crime trends in Kathmandu valley and interned and researched in “Clinical legal education program” at Kathmandu School of Law under the USAID project. He is also a member of world society of victimology, an active member of Law Student society, Kathmandu school of Law, ‘Student Lawyer’ on Clinical legal education program at Kathmandu School of law on support of USAID; general member of International law student Association (ILSA) and  American Society of International Law (ASIL).

Advocate Dhani Ram Sapkota (201) 779-6394 is currently in Jersey City, NJ. He completed his LL.M. from Nepal Law Campus in 2001 and a Masters of Arts in Human Rights from Bangkok in 2008.

Ms. Amrita Chiluwal, Franklin Pierce Law Center, J.D. 2011, is a Nepali law student in the US looking to network with other Nepali lawyers.

Ms. Shrishti Kharel, undergrad South Dakota State University, Brookings, SD will be joining Law school for JD in 2010. She wants to network with Nepali Women Attorneys and Law Students in the US.

James Ugbogu is a young Nigerian Lawyer based in Nigeria, interested in becoming a member of ANLUS.

ANLUS – Voted Blog of the Day at # 8

untitled

Dual Citizenship for NRN in the Constitution of Republic of Nepal

The fundamental rights committee of the CA has agreed to propose inclusion of the provision of Dual Citizenship in the Constitution. It has proposed provision similar to the Overseas Indian Citizenship. It prohibits people with such citizenship from exercising political power, holding public positions and having voting rights. Apart from that they enjoy all other rights as a Nepali citizen.

Britain Nepal Lawyers Association expresses its concern over the current constitutional crisis

Britain Nepal Lawyers Association expresses its concern over the current constitutional crisis in Nepal. It has urged the President, Political Parties and all concerned to act wisely for sustainable peace, restore law and order and move forward towards the path of constitution making.

वेलायती कानून व्यवसायीद्वारा नेपालका घटनाक्रमप्रति चिन्ता व्यक्त

लण्डन / नेपालको वर्तमान राजनीतिक घटनाप्रति वि्रटेन नेपाल लयर्स एसोशिएनले गम्भीर चिन्ता प्रकट गरेको छ । राष्ट्रपतिले संवैधानिक कानूनको सिद्धान्त र परम्पराबाट विमुख नभई नेपालको लोकतान्त्रीकरणमा सहयोग पुर्‍याउनु आजको ऐतिहासिक दायित्व भएको भन्दै एशोसिएसनले त्यही दायित्व अनुसार राष्ट्रपतिलगायत सबै राजनीतिक दलका नेताले मुलुकको दीर्घकालीन हितका लागि जिम्मेवारी पुरा गरुन भन्ने अपिल गरेको छ ।बि्रटेन नेपाल लयर्स एसोसिएसनको ४ मेमा बसेको बैठकले संस्थाको विधान पारित गर्दै विभिन्न निर्णयहरु गरेको छ । एशोसियसनको कार्यसमितिको निर्वाचन आगामी २९ अगस्तमा गर्ने निर्णय सहित हाललाई प्रा.डा. सूर्यप्रसाद सुवेदीको सभापतित्वमा कार्यकारी समिति गठन गरेको छ ।एशोसिएसनको कार्यकारी समितिको उपसभापतिमा सुनिल अधिकारी, महासचिवमा राजु थापा, कोषाध्यक्ष र प्रवक्तामा महेशकुमार दाहाल र सहसचिवमा अमृत खरेल चुनिनु भएको छ ।
त्यसैगरी सदस्यहरुमा कीर्तिविलास पन्त, देवेन्द्र श्रेष्ठ, दीपेश श्रेष्ठ, दीपक भट्टराई, उमेश मोक्तान र उमेशविक्रम शाह चुनिनु भएको छ । एशोसिएसनको बैठकले चुनाव समिति समेत तय गरेको छ । सुरेन्द्र श्रेष्ठको संयोजकत्वमा गठित चुनाव समितिका अन्य सदस्यहरुमा प्रकाश पोखरेल, नविन पौडेल र रुपक मल्ल रहनु भएको छ ।नेपाल कानून व्यवसायीहरुले वेलायती न्यायालयमा कानूनी व्यवसायका लागि मान्यता प्राप्त गर्न आवश्यक पहल गर्नका लागि सुनिल अधिकारीको संयोजकत्वमा देवेन्द्र श्रेष्ठ र अमृत खरेललाई जिम्मा दिइएको छ ।

ANLUS Congratulates Advocate Dilli Raj Bhatta on passing NY Bar Exam

ANLUS Congratulates Advocate Dilli Raj Bhatta on passing NY bar Exam held on February 2009. Attorney Bhatta passed Bachelor of Law from Nepal Law Campus, Tribhuwan University in 2000 and LLM from Cardozo School of Law, New York in 2008.

He can be reached at dibh0077@gmail.com.


PRESS RELEASE
For release on May 5, 2009

The New York State Board of Law Examiners announced today that grading has been completed for the February 2009 bar examination. Graduates of ABA-approved law schools taking the examination for the first time passed at the rate of 73.3%, while foreign-educated first-time candidates had a passing rate of 37.1%. The Board examined 3,560 candidates in February, a record 44.1% of whom were foreign educated. The passing rate for all candidates, including U.S. domestic-educated and foreign educated candidates, both first-time and repeat takers, was 41.7%. Candidates were given electronic notification of their examination results on Tuesday, May 5, 2009.  A complete list of candidates passing the February 2009 bar examination will be made available to the public on the Board’s website, at www.nybarexam.org, at 9:00 am on Wednesday, May 6, 2009. Successful candidates are certified for admission to the Appellate Division and must appear before the Committee on Character and Fitness appointed by the

appropriate Appellate Division to be examined as to their character and fitness before being admitted to the bar. Candidates are not certified for admission until the Board receives proof that they have successfully completed the Multistate Professional Responsibility Examination as required by the Rules of the New York State Court of Appeals for the Admission of Attorneys and Counselors at Law. The Board congratulates the candidates who were successful on the February 2009 bar examination.

Press release at http://www.nybarexam.org/Docs/Feb09_PressRelease.pdf

Result at: http://www.nybarexam.org/ExamResults/Feb2009Results.htm

Rayamajhee named new CJ

The Constitutional Council has recommended senior justice of the Supreme Court Min Bahadur Rayamajhee as the new Chief Justice.

Min Bahadur Rayamajhee (Photo source : supremecourt.

A meeting of the Council held Wednesday afternoon recommended Rayamajhee’s name based on seniority for the top judicial position.

Incumbent CJ Kedar Prasad Giri is retiring on May 4 after completing 65 years of age. According to the interim constitution a CJ must retire after completing 65 years of age.

Earlier, the Supreme Court had forwarded the names of six eligible justices – Anup Raj Sharma, Ram Prasad Shrestha, Khil Raj Regmi, Bala Ram KC, Top Bahadur Magar and Rayamajhee – for the post of CJ.

The CC has upheld the tradition of appointing the senior most among the eligible justices by recommending Rayamajhee’s name. There were speculations that such tradition would be broken as Maoist leaders had been saying the new CJ would be appointed based on caliber rather than seniority. nepalnews.com ta Apr 29 09

Maoists favor Sharma over Rayamajhee as CJ


KIRAN CHAPAGAIN

KATHMANDU, APRIL 29: Prime Minister and Chairman of the Constitutional Council (CC) Pushpa Kamal Dahal postponed a decision on choice of new chief justice during Monday´s CC meeting even though a majority of CC members wanted to pick justice Min Bahadur Rayamajhee as the new chief justice.

Sources said that the prime minster did so because the Maoists want justice Anup Raj Sharma for top judicial post that is going to be vacant on May 3 when Chief Justice Kedar Prasad Giri retires.

At Monday´s meeting held at the prime minister´s residence, four out of six CC members had wanted to choose Justice Rayamajhee as chief justice. But Prime Minister Dahal and Law Minister Dev Prasad Gurung remained silent on the name of Rayamajhee. Then the meeting ended inclusively.

As the CC members came out of the meeting, they told mediapersons that the CC could not take any decision on the new chief justice as Agriculture Minister Jaya Prakas Prasad Gupta was absent. The meeting was called off till Tuesday afternoon.

Sources at the CC said Chairman of the Constituent Assembly Subas Nemwang had proposed the name of justice Rayamajhee as the next chief justice at the very outset of the meeting, arguing that the tradition of picking the senior-most justice for the top judicial post should be followed this time as well.


Justice Sharma (left) and justice Rayamajhee.

Following this Chief Justice Kedar Prasad Giri, Deputy Prime and Home Minister Bam Dev Gautam and Nepali Congress leader Ram Chandra Poudel, who represented opposition leader Girija Prasad Koirala at the meeting, supported Nemwang´s proposal. But the prime minister and the law minister remained silent over the majority-backed proposal. Then Nemwang urged the meeting to take decision on Rayamajhee at the meeting.

Then, Law Minister Gurung proposed to postpone the decision, arguing the decision should not be taken as Agriculture Minister Gupta, who was supposed to represent Foreign Minister Upendra Yadav at the meeting, was absent. But Nemwang continued to press that the decision on Rayamajhee should be taken right during the meeting. Then the prime minister postponed the meeting till Tuesday afternoon, knowing that he and the law minister were in minority.

During the discussion, the prime minister and the law minister did not reveal their preferred name to head the judiciary.

Sources who are advising the prime minister on the matter told myrepublica.com on Tuesday that the prime minister called off Tuesday´s meeting deliberately because he wanted time to create a favorable environment for picking Justice Sharma for the top job. The meeting was postponed at a time when the chief justice and the chairman of the Constituent Assembly had already reached the prime minister´s office. They were told that the prime minister could not come at the meeting because he was busy in parleys with political parties over the army chief row.

“We came to know the stance of the CC members from Monday´s meeting. So, we need more time to create environment for picking Justice Sharma as Giri´s successor. Tuesday´s meeting was postponed accordingly,” the source said.

Law Minister Gurung has already made it public that the CC is not compelled to follow the tradition of seniority while selecting chief justice. He has further said that the CC is free to choose out of six Supreme Court Justices eligible for the post.

Knowledgeable sources close to the Maoist party said that the Maoists have reservations over Rayamajhee’s name. The sources said that the Maoists are not happy with Rayamajhee´s role in recent appointments at the Supreme Court and the appellate court chief judges. They have accused him of backing judges with questionable backgrounds while making the appointments. Besides, they have doubts about Rayamajhee´s commitment to loktantra [democracy] and the changes that have taken place in the country in the country in case the country faces an untoward political incident after he becomes the chief justice.

“The Maoists want clean and competent judge who can embrace loktantra and political change. For Maoists, Justice Sharma is the ideal candidate” said the Maoist source.

Justice Rayamajhee is the senior-most justice while justice Sharma is the second in the rank. Both justices had played significant role in upholding people´s fundamental rights during the king´s direct rule in 2005. They were key in passing the landmark judgments of dissolving the king-formed Royal Commission for Corruption Control in February 2006 and restoring the rights of FM radios to broadcast news. Justice Rayamajhee is a career judge while justice Sharma has lawyer´s background.

In the meantime, a split has been seen in Nepal Bar Association (NBA) over the appointment of the new chief justice. NBA General Secretary Raman Kumar Shrestha, who is close to the Maoist party, boycotted NBA´s function for judicial independence, on Monday and Tuesday. “I was not consulted for the function,” he said when asked about why he did not attend the NBA functions. Lawyers close to the Maoists said that the functions were organized to shore support for Rayamajhee.

But, NBA faction led by President Bishwa Kanta Mainali said that they organized the function to protect judicial independence that is under threat from the Maoists.

kiran@myrepublica.com

Published on 2009-04-29 00:00:01

PM convenes CC to pick new CJ


www.myrepublica.com

REPUBLICA

KATHMANDU, APRIL 17: The Constitutional Council (CC) is convening on April 21 to choose a successor to Chief Justice Kedar Prasad Giri, who is retiring on May 3.

A source at the CC said that Prime Minister Pushpa Kamal, in his capacity as ex-officio chairman of the CC, on Friday directed CC officials to call the meeting to pick the new chief justice from among six contenders.


CHIEF JUSTICE CONTENDERS: (L-R) Justices Min Bahadur Rayamajhee, Anup Raj Sharma, Ram Prasad Shrestha, Khil Raj Regmi, Bala Ram KC, and Top Bahadur Magar.

Out of the 21 justices at the Supreme Court, only Min Bahadur Rayamajhee, Anup Raj Sharma, Ram Prasad Shrestha, Khil Raj Regmi, Bala Ram KC and Top Bahadur Magar are eligible for the top job in the judiciary.

Article 103 (2) of the Interim Constitution says that a justice should have served at the Supreme Court for at least three years to become eligible for the post of chief justice.

It is the tradition at the apex court for the seniormost justice to be appointed chief justice. If this tradition is carried forward, Justice Rayamajhee will succeed Giri, who completes 65 years of age on May 3.

Published on 2009-04-17 19:10:46